LEAVE OF ABSENCE 13.1 Leave of absence may be granted to Regular employees by the City Manager for urgent and substantial reasons, up to a maximum of one year (except when the employee is receiving long term disability benefits in which case a three (3) year time limit shall apply) providing satisfactory arrangements can be made to perform the employee’s duties without undue interference with the normal routine of work. Inability to return to work after an employee’s sick leave has been exhausted will be considered as an urgent and substantial reason and in such cases a leave will be granted. If the employee is approved to return to work both by the employee’s and City’s medical doctors, but the employee is physically unable to return to the previously held position, the City will work with the employee and the Union in an effort to place the employee in a vacant position within the City for which the employee is qualified and physically able to perform.
13.2 A leave of absence will commence on and include the first workday on which the employee is absent and terminates with and includes the workday preceding the day the employee returns to work.
13.3 All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. An employee is required to provide periodic medical certifications as to the conditions necessitating the leave if the leave is as a result of exhaustion of sick leave and report at the request of the City during the leave regarding the employee’s status and intention to return to work. Upon an employee’s return to work after a leave of absence, the employee will be reinstated to the employee’s former position and working conditions, providing that the employee is capable of performing the duties of the employee’s former position, except that if there has been a reduction of forces or the employee’s position has been eliminated during said leave, the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence.
13.4 An employee’s status as a Regular employee will not be impaired by such leave of absence and the employee’s seniority will accrue.
13.5 If an employee fails to return immediately on the expiration of the employee’s leave of absence or if the employee accepts other full-time employment while on leave, the employee will thereby forfeit the leave of absence and terminate the employee’s employment with the City.
13.6 An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group health and welfare insurance coverage. An employee may, however, at the employee’s option and expense, maintain the employee’s group health and welfare insurance coverage providing the full monthly premium is received by the City Treasurer on or before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of absence is as a result of exhaustion of sick leave benefits an employee’s group health and welfare insurance may be maintained for up to three (3) calendar months on the normal premium-sharing formula, providing the employee pays the employee’s share of the premium on a timely basis.
13.7 Except for the one (1) year limitation of 13.1 and the prohibition on other employment of 13.5, a reasonable leave of absence may be granted by the City Manager to an employee for up to a maximum of three (3) years to serve as a ▇▇▇▇▇▇▇ or officer of the Union or of any statewide or national employee organization with which the Union is affiliated pursuant to Government Code section 3558.8.
13.8 The Parties acknowledge the provisions of State and Federal law governing family leaves. The Family and Medical Leave Act (FMLA), which is subject to legislative change, currently entitles those employees who have worked twelve hundred fifty (1,250) or more hours during the preceding twelve (12) month period to take up to twelve (12) weeks of unpaid, job protected, leave during any twelve (12) month period for serious health condition of employee or immediate family member or for child birth or adoption. An employee is required, to give thirty (30) days advance notice when leave is foreseeable, provide periodic medical certifications as to the conditions necessitating the leave and report at the request of the City during the leave regarding the employee’s status and intention to return to work. Health insurance benefits will be continued on the same basis as prior to the FMLA leave.